Posted the: 2014-02-28 Numac: 2014009072 SERVICE PUBLIC FÉDÉRAL JUSTICE 7 February 2014. -Law establishing electronic surveillance as a stand-alone sentence (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code of criminal investigation article 2. Article 594, paragraph 1, of the Code of criminal procedure, restored by the law of 8 August 1997 and as last amended by the Act of December 21, 2009, the following changes are made: has) 4 ° is restored in the following wording: "4 ° decisions condemning sentenced to work in accordance with article 37quinquies of the penal Code, except for the processing list of jurors in accordance with article 224 13 ° of the Judicial Code; ";
(b) paragraph is complemented by a 5 °, as follows: "5 ° decisions condemning sentenced to electronic monitoring in accordance with article 37ter of the penal Code, except for the processing list of jurors in accordance with article 224, 13 ° of the Judicial Code.".
S. 3. in article 595, paragraph 1, of the same Code, restored by the law of 8 August 1997 and as last amended by the Act of 15 May 2006, 1 ° is replaced by the following: "1 ° convictions, decisions or measures listed in article 594, 1 ° to 5 °;".
S. 4. in article 596, paragraph 2, of the same Code, restored by the law of 8 August 1997 and amended by the Act of July 31, 2009, the words "decisions referred to in article 594, 4 ° and 5 ° and" shall be inserted between the words "extract mentions, in addition to the decisions referred to in paragraph 1, also" and the words "the convictions referred to in article 590 , paragraph 1, 1 ° to 17 ° '. "
CHAPTER 3. -Changes of the Code penal Art. 5. in article 7 of the penal Code, the words "correctional and police: 1 ° imprisonment;"
2 ° worth of work.
The penalties provided for in paragraphs 1 ° and 2 ° cannot be applied cumulatively."
are replaced by the words "correctional and police: 1 ° imprisonment;"
2 ° worth of electronic surveillance;
3 ° worth of work.
1 ° to 3 ° penalties may apply cumulatively. "."
S. 6. in the first book, chapter II, of the same Code, inserted a Vter section, entitled: "of the punishment of electronic surveillance".
7. in section Vter inserted by article 6, an as follows 37ter article is inserted: 'article
37ter. § 1. When a fact is that it must be punished by a term of imprisonment of one year at most, the judge may order as a main penalty sentenced to electronic monitoring of a duration equal to the term of imprisonment that he would have voted. Judge provides, within the limits of the penalties provided for the offence and the Act on the basis of his or her seizin, a term of imprisonment which may be applicable in the event of non-execution of the penalty of electronic surveillance. For fixing the duration of this subsidiary imprisonment, one day of the electronic surveillance imposed penalty corresponds to one day of imprisonment.
The electronic monitoring penalty may be imposed for the matters referred:-in article 347 bis;
-to articles 375 to 377.
-in articles 379 to 387, if the offence was committed against minors or minors;
-in articles 393-397;
-in article 475.
§ 2. The length of the sentence of electronic monitoring cannot be less than one month and not more than one year.
Sentencing of electronic surveillance must be performed within six months following the date on which the judicial decision is passed in res judicata.
§ 3. For the imposition of a sentence of electronic surveillance, the Crown, the investigating judge, the courts of instruction and the courts may load the competent service of the Federal Public Service Justice of the judicial district of the place of residence of the accused, the accused or the convicted person of the realization of an information report summary and/or a social survey.
The King fixed the summary information and the social inquiry report.
These reports and these surveys can only contain relevant evidence inform the authority that sent the request to the competent Department of the Service Public Fédéral Justice on the appropriateness of the measure or the proposed penalty.
Any adult person with whom cohabits the accused is heard in observations in this social survey. The summary information report or the report of the social survey is attached to the folder within one month of the request.
§ 4. When sentenced to electronic monitoring is envisaged by the judge, required by the public prosecutor's Office or requested by the accused, informed judge this one, before closing discussions, the scope of such a penalty and understood in its observations. The judge may also take into account, in this regard, the interests of potential victims. The judge may impose the penalty of electronic surveillance that if the accused is present or represented at the hearing and after that he gave, either in person or through his Council, consent. All cohabitants Maggiore of the accused who has not been heard in social inquiry, or if no social survey was made, cannot be heard by the judge in his comments.
§ 5. The judge determines the length of the sentence of electronic surveillance and can give guidance to its specific terms. The judge may submit the convict to individualized special conditions if they are absolutely necessary to limit the risk of recurrence or if they are necessary in the interests of the victim. "."
S. 8. in the same section Vter, inserted an article 37quater as follows: "article 37quater. § 1. As soon as the sentence of electronic surveillance is passed into res judicata, the Crown informed the competent Department of the Service Public Fédéral Justice to inflict the death penalty. To this end, this service takes contact with the convicted person within seven working days following the information and it determines the concrete modalities of execution of the sentence, after hearing the prisoner and taking into account the observations of it.
2. Without prejudice to the application of article 20 of the Act of 5 August 1992 on the function of police, the public prosecutor is responsible for the control of the convicted person. Officials of the competent authorities of the Federal Justice Public Service control the execution of the penalty of electronic surveillance and they accompany the condemned.
§ 3. If the electronic surveillance penalty is not incurred in whole or in part in accordance with the conditions, the official of the competent body of the Federal Justice Public Service shall forthwith inform the public prosecutor. The latter can then decide, after giving the convicted person the opportunity to be heard by the national Centre of electronic surveillance, proceed with the execution of the sentence of imprisonment fixed in judicial decision taking into account the portion of the sentence of electronic surveillance which has already been executed by the convicted person.
In this case, a day of electronic monitoring penalty executed is equivalent to one day of imprisonment.
§ 4. As soon as the penalty is implemented, the convicted person is informed of the possibility of requesting a suspension of the sentence of electronic surveillance after serving one-third of the length of the sentence. As soon as it meets the conditions of time, the convicted person may submit an application written for obtaining of such suspension to the Crown. The convicted person sends a copy of this written request to the national Centre of electronic surveillance.
Within fifteen days, the national Centre of electronic monitoring makes a notice to the Crown on the concrete contents of the electronic surveillance program compliance and, where appropriate, individualized special conditions imposed on the convicted person. The notice indicated if the sentenced person has committed fresh infringements during execution of the penalty of electronic surveillance. The opinion of the national Centre of electronic surveillance has a reasoned proposal for the granting or rejection of the suspension and resumes, where appropriate, the particular conditions that the Centre considers it necessary to impose on the offender.
The Crown granted the suspension of the sentence of electronic surveillance in cases where the convicted person did not commit new offences, in the case where it met the concrete contents of the electronic surveillance program and, where appropriate, individualized conditions which had been imposed.
When the suspension is granted, the offender is subject to a period of trial for the portion of the sentence of electronic surveillance that he must still serve. In this case, one executed sentence of electronic surveillance day equals one day of imprisonment. It is subject to the general condition, namely the prohibition of committing new offences, as well as, where appropriate, special conditions have been imposed.
In the event of failure to comply with this general condition and, where appropriate, special conditions imposed on the convicted person, the suspension may be revoked. "."
S. 9. in the book first, chapter II, of the same Code, "Section (Vbis). Sentencing of work"is renumbered"section Vter. Sentencing of work", and articles 37ter, 37quater and 37quinquies are renumbered
in articles 37quinquies, 37sexies and 37octies.
S. 10. article 58 of the same Code, as amended by the Act of 17 April 2002, is supplemented by a paragraph worded as follows: "When a sentence of electronic surveillance is pronounced, its duration cannot exceed one year.".
S. 11. in article 59 of the same Code, as amended by the Act of 17 April 2002, the words "sentences of electronic surveillance" shall be inserted between the words "sentences work" and the words "and penalties".
S. 12. in article 60 of the same Code, as amended by the Act of 17 April 2002, the words ", a year's worth of electronic surveillance" are inserted between the words "imprisonment" and the words "or three hundred".
S. 13. in article 85, paragraph 1, of the same Code, as amended by the Act of 17 April 2002, the words "electronic surveillance sentences" are inserted between the words "sentences of imprisonment", and the words "sentences work".
CHAPTER 4. -Amendment of the Act of 5 August 1992 on the function of police s. 14 A section 20 of the Act of 5 August 1992, on the function of police as amended by the law of December 27, 2012, the following changes are made: 1 ° 1st paragraph is supplemented by the words: "and the convicts who are serving a sentence of electronic surveillance within the meaning of articles 37ter and 37quater of the Criminal Code.";
2 ° paragraph 2 is supplemented by the words: "and the convicts serving sentences of electronic surveillance within the meaning of articles 37ter and 37quater of the Criminal Code.".
CHAPTER 5. – Authorisation of coordination s. 15. the King is responsible for the coordination of other legal texts with the provisions of this Act.
CHAPTER 6. -Entry into force art.
16 this Act comes into force on the date fixed by the King.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 7, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) Note House of representatives (www.lachambre.be): Documents: complete record 53-1042: 9 January 2014 Senate (www.senate.be): Documents: 5-2433.